Ful Kumar @ Fulbabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23922 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Ful Kumar @ Fulbabu Son of Mantun Rai Village- Madhopur, Rani Tola, Police Station- Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-05-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Karpurigram P.S. Case No. 16 of 2025 registered for the offences punishable under Section 30(a) of the Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 665 liters of country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the hut in issue is not connected in any manner with this petitioner. It is

Patna High Court CR. MISC. No.23922 of 2025(2) dt.06-05-2025 2/3 submitted that the sizure list suggest that the recovery of illicit liquor was made from an open place which can be accessible by general public. It is submitted that petitioner found involved in two more criminal cases of similar nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise 1st Samastipur/ concerned Court, where the case is pending in connection with Karpurigram P.S. Case No. 16 of 2025, subject to the conditions as laid down under

Patna High Court CR. MISC. No.23922 of 2025(2) dt.06-05-2025 3/3 Section 482(2) of BNSS., subject to further conditions:- "(i) That petitioner shall not involve / indulge in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner."

(Chandra Shekhar Jha, J) Sudha/- U T